Schuler v. Israel
120 U.S. 506 (1887)

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U.S. Supreme Court

Schuler v. Israel, 120 U.S. 506 (1887)

Schuler v. Israel

Submitted January 10, 1887

Decided March 7, 1887

120 U.S. 506

Syllabus

A judgment recovered in one court may be pleaded as a defense to a suit on the same cause of action pending in another when by law the cause of action is merged in the judgment.

A garnishee has a right to set up any defense against the attachment process which he could have done against the debtor in the principal action, and if the debtor be insolvent, and owes the garnishee on a note not due for which he has no sufficient security, he is not bound to risk the loss of his debt in

This was an action at law in the nature of assumpsit, commenced in a state court against defendant in error and a garnishee.

Page 120 U. S. 507

Judgment for defendant and for garnishee. Plaintiff sued out this writ of error. The case is stated in the opinion of the Court.

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